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1. Discuss functions and importance of a constitution.

2. Identify process adopted to formulate and amend Constitution.

3. Demonstrate the uniqueness of Malaysian Constitution.(M.C.)

4. Identify major provisions of M.C.

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Objectives:

1.Discuss the origins of M.C. by tracing its evolution.

2. Identify salient features of M.C.

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1. Meaning of constitution.(pg 108)

2. Aristotle :“a set of rights and procedures that regulate the relations

between the administration (govern) and the citizens (governed)

3. Most states have written constitution-amended from time to time.

4. 3 methods a constitution can be formulated:

i. King’s Decree

ii. Revolution

iii. Constituent Assembly (as result of creation of new state)

5. “Supremacy of the Constitution”= Constitution as highest set of rules

which determines : i. structure of govt that includes various institutions of govt.

ii. rights and obligations of citizens of country

iii. Rules and regulations within state must never contradict the Constitution of state.

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1. Constitution is supreme as it empowers the Parliament at the federal level and State Legislative Assemblies at the state level.- Article 4 (1) Malaysian Constitution

2. Constitution has created constitutional monarchy.

3. DYMM = Supreme Head of Federation (pg 69 – 72) – role of DYMM

4. Any amendment to the Constitution regarding status of rulers need consent of Council of Rulers.

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FORMULATION OF CONSTITUTION

3 sets of events

1. The MU –British try to impose “rules and behaviour” for the people of Union.

2. MU replaced by Federation of Malaya Constitution then by Reid Commission then multi-racial

constituent Assembly by British

3. Expansion of Malayan Constitution into Malaysian Constitution (Cobbold Commission)

with special needs and rights attached to entry of Singapore, North Borneo and sarawak

into Federation.

Read about Reid Commission and Cobbold Commission in Unit 1

Read also pages 49,53 and 109 of textbook

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Chart showing how the Constituion was drafted.

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MC divided into 15 sections (183 Articles in 15 Sections) and 13 Schedules

MC covers all aspects of the govt, judiciary and legislative;special provisions to meet needs of different races and religions.

MC is unique because it is result of peaceful negotiations among various races.

MC is a testimony of plural society in country.

Refer to “An Introduction of the constitution of Malaysia by Mohamad Suffian Hashim

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1. A constitution should be “living” document.

2. Some people are against constitution amendments.

1. MC has been amended 44 times from 1957 to 2007.

2. It can be amended thru’ process of Parliament (Article 159 and 161E)

3. Amendments to accommodate changing needs –inclusion of new states (Singapore,Sabah and Sarawak) into Federation in 1963 and security and political challenges in 1969.

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Rational and Reasons for Amendments

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1. MC = authoritative instrument to govern country.

2. MC = country’s source of legislation and guide towards people’s interest.

3. 3rd principle of Rukun Negara = supremacy of constitution.

4. Chapter 7 = Various provision of Constitution (language,religion,citizenship and special position of Malays and natives from Sabah and Sarawak)

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Objectives

1. Discuss impact of Constitution on every citizen.

2. Analyse 5 major provisions of Constitution

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5 Major provisions of Constitution

1. Language

2. Citizenship

3. Islam and religious freedom

4. Fundamental liberties

5. Special position of Malays and native ethnic groups of Sabah and

Sarawak.

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1. Citizenship = a status whereby people have right to live in a country.

2. Citizenship provides rights, benefits and also demands certain obligations.

3. Basic rights also protected.

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4.Idea of citizenship began after WW2.

5. British practised “open door policy.”

6. Citizenship became a major issue when British wanted to implement MU

in 1946. (pg 31-33 text)

7. Citizenship law embodied in Federation of Malaya Agreement, 1948. and later improvised in 1952.

8. During Independence, Federal Constitution (Article 14 to 31) sets details on citizenship.

9. Those already citizens of Malaya acoording to agreement 1948 continued to be citizens of free and independence Malaya.

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A citizen loses citizenship in 2 ways:-

1. Giving up or rejecting the citizenship, or

2. Violating certain laws which cause citizenship to be revoked (pg 127 and 128 of text)

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1. Fundamental liberties enshrined within confines of law that gives priority to peace.

2. Article 149 of mC, the rights may be taken away if action of citizens considered a threat to public safety.(refer to pg 130-ISA)

3. Neutral bodies=SUHAKAM and local and international NGOs ensure basic human rights are respected and protected.

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Articles 153 and 161A protect special rights of Malays and natives of sabah and Sarawak.

The provisions are:

i. Quota for scholarship

ii. Posts in public service

iii.Business and industrial licenses

iv. Reserve land

According to Article 160 (2) of Constitution, a “Malay” is a person who:

a. Practises Islam.

b. Speaks the Malay language.

c. Observes the Malay culture and traditions.

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1. MC contains 15 Sections, 183 Articles, 13 Schedules inaugurated on 16 Sept 1963 –the day Malaysia was proclaimed.

2. Cobbold Commission drafted MC based on Federal Constitution 1957 –drawn by Reid Commission.

3. MC is supreme and is above Parliament and judiciary.

4. Constitution determines DYMM= highest person in country

with status of chief head of state.

5. Main provisions in MC = language,citizenship,religion,fundamental liberties,special position of Malays as well as native ethnic groups of Sabah and Sarawak.

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Mohamad Suffian Hashim (1976) An Introduction to the Constitution of Malaysia,

2nd edn, Kuala Lumpur: Government Printers.

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Submission Date: 18 October, 200924 October, 2009 (Kota Bharu only)Question 1Discuss the four ways a person can obtain citizenship status in Malaysia.(20 marks)(points)Question 2There are some who believe that the constitution need not be amended. However, since the independence of Malaysia in 1957 the Malaysian Constitution has been amended from time to time. Please provide the reasons and rational for making constitutional amendments.(30 marks)(points)